[2025] NSWSC 864

Weston Energy Pty Ltd v National Ceramic Industries Pty Ltd (No 2)

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Catchwords

COSTS – interest calculation

Legislation cited

Competition and Consumer Act 2010 (Cth), Schedule 2 s18
Civil Procedure Act 2005 (NSW), s101

Judgment

[1]
Judgment for the cross-claimant against the plaintiff/cross-defendant for damages in the sum of $7,048,728.27 plus interest on that sum to 14 July 2025 in the sum of $611,404.76 (refer to Annexure A for interest calculation).
1. (1)
  The cross-claim is otherwise dismissed.
2. (2)
  The plaintiff is to pay the defendant/cross-claimant's costs on a party/party basis, including the costs of the plaintiff's notice of motion dated 17 March 2023 and the cross-claimant's notice of motion dated 8 March 2023, up to 2 March 2023, and thereafter to pay the defendant/cross-claimant's costs on an indemnity basis, subject to any other previous interlocutory costs orders.
3. (3)
  The plaintiff is to pay interest on the defendant/cross-claimant's costs pursuant to section 101(4) of the Civil Procedure Act 2005 (NSW).